7th Circuit Court strikes down Chicago's ban on firing ranges (Read 5340 times)

2aHawaii

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Today, the residents of Chicago gained another victory in their Second Amendment rights fight. The 7th Circuit Court released their judgement on the City's ban on firing ranges within the city limits. Chalk up another win for Gura and the residents of Chicago.

If you are interesed in reading the judgement, you can view it here: http://www.ca7.uscourts.gov/tmp/9C0NWF4M.pdf

This is one of my favorite quotes :)
Quote
Indeed, the City considers live firing‐range training so critical to responsible firearm ownership that it mandates this training as a condition of lawful firearm possession. At the same time, however, the City insists in this litigation that range training is categorically outside the scope of the Second Amendment and may be completely prohibited.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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HiCarry

Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #1 on: July 07, 2011, 11:25:42 AM »
Not only did the ban on gun ranges in the city of Chicago get ruled out as unconstitutional, but the majority decisson really slammed the logic and legal reasoning of the lower court. Score another one for the "good guys!"

230RN

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Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #2 on: July 08, 2011, 04:41:46 AM »
Just FYI --this bodes well for the Islands:

Pretty good review and analysis in the Original Post at

http://www.armedpolitesociety.com/index.php?topic=30364.msg597430#msg597430

Note this quote:

Quote
...and the City’s claimed harm to the public interest is
based entirely on speculation. (Underlining mine- 230RN)

And from Reply #2 therein:


Quote
If USSC comes down saying carry is part of the RKBA and intermediate-ish scrutiny applies then HI, NJ, MD and the other May (= No in practice) Issue states will be scrambling.

Some of the posts in that thread regarding "chickens coming home to roost" are a bit frivolous, but this is excellent news for my Hawaiian friends.

"Hold their feet to the fire" time, as I've said before.

Respectfully submitted,

Terry, 230RN

PS:  I hope you guys don't think I'm just a mainlander sticking his big nose in your business, but your struggle for your civil rights is one of my pet concerns.
« Last Edit: July 08, 2011, 04:55:04 AM by 230RN »
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

2aHawaii

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Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #3 on: July 08, 2011, 05:14:13 AM »
We appreciate having you here Terry. It's always nice to hear some outside perspectives and support.

The problem that I see with this judgement is that it is in the 7th Circuit Court as opposed to the 9th Circuit Court and therefore (AFAIK) has no baring on Hawaii law and that is why the California cases are better to follow. But I do like hearing about the changes that are happening in one of the most corrupt and restrictive cities with regards to 2nd Amendment rights. Now if these cases make it to the SCOTUS, all the better for us :)
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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2aHawaii

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Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #4 on: July 08, 2011, 05:26:04 AM »
Just found another breakdown of the ruling on the Volokh Conspiracy. I find it interesting that some of Eugene Volokh's papers are referenced in the decision.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Funtimes

Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #5 on: July 08, 2011, 06:13:37 AM »
EV is one of the most cited legal writers in History.. his Second Year law paper has been cited in like some 178 cases? or something crazy like that.  He is a true scholar. In fact, I am about to go purchase some of his books right now!

Don't worry -- there is a storm on the horizon! I really need the HDF's non-profit status to come through and then it is game time.
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230RN

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Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #6 on: July 08, 2011, 07:03:14 AM »
Quote
The problem that I see with this judgement is that it is in the 7th Circuit Court as opposed to the 9th Circuit Court and therefore (AFAIK) has no baring on Hawaii law and that is why the California cases are better to follow.

I don't understand that statement.  My understanding is that it creates a split between circuit Courts, which practically guarantees a review by the US Supreme Court (SCOTUS).

The phrase I underlined, "...and the City’s claimed harm to the public interest is
based entirely on speculation." goes back to my original squawking 30 years ago about the fact that anti-firearms laws constitute an inherent pre-assumption of guilt, instead of innocence:

"We can't let them have those because they might hurt somebody."

Terry, 230RN
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

2aHawaii

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Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #7 on: July 08, 2011, 08:04:08 AM »
Well, I am not a lawyer, and I don't claim to know all that much about the legal system, but that split is still a split between the Circuit Courts and doesn't affect us yet. Do you know when this review by SCOTUS would happen?
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

Buying from Amazon? Click through here

Funtimes

Re: 7th Circuit Court strikes down Chicago's ban on firing ranges
« Reply #8 on: July 08, 2011, 09:38:31 AM »
Well, I am not a lawyer, and I don't claim to know all that much about the legal system, but that split is still a split between the Circuit Courts and doesn't affect us yet. Do you know when this review by SCOTUS would happen?

SCOTUS = 2012 or 2013 (100% on 13).

The ruling is persuasive authority, the higher the court -- the more powerful it is.  People don't just like to go out on limbs and make up new standards on their own.  Since the first cases have adopted intermediate scrutiny that has become the standard.  Since this court identified the right to be 'near' the core, and gave it something 'like' strict scrutiny it pretty solid.
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